Free Entry/Land Access

Extensive revisions to Ontario’s Mining Act were approved by Queen’s Park on October 21, 2009, and received royal assent a week later. The new Act follows commitments made by Premier McGuinty to “modernize” the Act and strike a balance between the diverse interests that are affected by and involved in the sector. Though another round of consultations took place as part of the legislative process while the bill was under Committee review, few substantive changes have been made since the bill was introduced in the spring.

MiningWatch Canada is very pleased with yesterday’s announcement from the Government of Ontario regarding a resolution to the three-year stand off between the community of Kitchenuhmaykoosib Inninuwug ("KI") and Toronto-based exploration company Platinex.

Joint release with CPAWS-Wildlands Leagues and Ecojustice: TORONTO – A rapid increase in exploratory mining activities, including staking, drilling and clearance of vegetation in the heart of Ontario’s northern Boreal Forest, one of the world’s most carbon-rich ecosystems, has become a “Wild West” free-for-all, warn public interest groups. CPAWS Wildlands League, Ecojustice and MiningWatch Canada are concerned that development in an area known in the industry as the ‘Ring of Fire’ in Ontario’s Far North is exploding due to inadequate control under an antiquated Mining Act.

Terrane Metals Corp. is proposing an open pit gold-copper mine in central BC near the town of Fort St. James and within the traditional territories of the McLeod Lake Indian Band and the Nak'azdli Nation. The two nations are not in agreement over the project proceeding with the Nak'azdli whose members kayho (traditional hunting, trapping and gathering area) will be affected directly, opposing the project.

Since the current process began last year, MiningWatch Canada has taken a keen interest in “modernizing” the Ontario Mining Act. We have been actively engaging with other NGOs and First Nations across the province to analyse the current mining regime and to develop solutions to the problems we have observed.

[Joint news release] In response to proposed changes to Ontario’s Mining Act, Mushkegowuk Council, Kitchenuhmaykoosib Inninuwug, and Ardoch Algonquin First Nation call on the province to respect the right of First Nations to say NO to all aspects of mining from prospecting to exploration to full mine development in their traditional territories. The First Nations clarify that the Ontario government must respect and adhere to Constitutional duty of consultation and accommodation and the internationally recognized right of free prior and informed consent. This has not been addressed by the proposed changes Minister Gravelle introduced on April 30, 2009.

Across Canada, communities and Aboriginal governments are saying they have had enough when it comes to the privileged access mining has to land under the existing system, which grants “free entry” to prospectors and mining companies under the assumption the mining is the “highest and best” use of land.

The Ontario government announced a schedule of public consultations on August 5th. The consultations were focussed around the government’s discussion paper Modernizing Ontario’s Mining Act, Finding a Balance posted online on August 11th.. Closed door stakeholder and open public consultations took place from August 11th to September 8th in Timmins, Sudbury, Thunder Bay, Kingston and Toronto. The government is also accepting written comments until October 15th.